WQCS00037_NOV-2021-DV-0402 Response_20210930

NORTH CAROLINA
Post Office Box 207 • Shelby, NC 28151-0207
September 30, 2021
Mr. Corey Basinger, Regional Supervisor
Division of Water Resources, Mooresville Regional Office
610 East Center Avenue, Suite 301
Mooresville, NC 28115
Re: Notice of Violation and Civil Penalty Assessment
Tracking NOV-2021-DV-0402
Sanitary Sewer Overflow —1208 Pamela Drive — August 2021
Collection System Permit #WQCS00037
City of Shelby, Cleveland County
Dear Mr. Basinger:
RECEIVED/NCDE©/D
OCT 4 2021
WOROS
MOORESVILLE REGIONAL OFFICE
The City of Shelby received the above referenced Notice of Violation and Intent to Issue Civil Penalty
regarding the sanitary sewer overflow that occurred on August 11, 2021, at on a right-of-way behind
1208 Pamela Drive.
The spill was reported by a customer 7:30 pm on August 11, 2021, sewer crews responded to the scene
by 8:00 pm and the spill was corrected at 10:00 pm on August 11, 2021. This spill resulted in an
overflow of 3,000 gallons, of which 3,000 gallons reached an unnamed tributary to Hickory Creek.
This spill event stemmed from internal deterioration of an aerial creek crossing (Installed 1999) that
resulted in the bottom of the pipe leaking sewer. Repair clamps were installed on the pipe to stop the
leak until the aerial crossing was replaced on August 13th by a local water and sewer contractor. In
review of the situation staff believes that deterioration of this line was the result of the initial
installation contractor using cement lined ductile pipe instead of a coated line that is that is typically
used for sewer installations. All other pipe used for this extension in 1999 was PVC pipe. Staff believes
acidic drink discharge from the six local restaurants upstream contributed to the corrosion aerial
crossing.
Preventative Maintenance/Corrective Action Projects
Maintenance history — The City of Shelby performs aerial crossing inspections twice per year the
previous inspection was completed in March of 2021. The next inspection was scheduled for October of
2021.
Your letter lists ten areas of review in consideration for determining civil penalty amounts for a sanitary
sewer overflow. We have included the following brief responses for each item:
Volume — 3,000 gallons
www.cityofshelby.com

• Volume reaching surface waters — 3,000 gallons
• Duration and gravity —150 minutes
• Impacts to public health - There were no identified impacts to public health.
• Fish kills - No fish kills were observed following this overflow.
• Recreational area closures - No recreational areas were closed due to this overflow.
• History of spills --
No other spills at this location.
• Cost of rectifying damage —
No environmental damage was identified requiring remediation. City staff performed
cleanup and lime application.
• Intentional spill — This spill was not intentional. The City believes that this problem stemmed
from the use of concrete lined pipe that was installed in 1999 instead of coated sewer pipe.
The discharge of acidic drinks from local restaurants contributed to the corrosion of the
internal lining/ductile pipe.
• Money saved by non-compliance —
No money was saved by this non-compliance.
As noted above, the City responded by stopping the spill using repair clamps until a contractor could
assist with replacement of the aerial crossing using ductile iron sewer pipe with coating. All concrete
lined pipe was removed and replaced. Pictures of the replaced aerial crossing are attached. Based upon
the response by the City, the City would like to request that NCDEQ not impose additional enforcement
actions.
We recognize the requirements of our wastewater collection system permit and the importance to the
environment and public health in the prevention of sanitary sewer overflows. The City of Shelby has
experienced a downward trend of sanitary sewer overflows in our system and the City has shown a good
faith effort to make significant improvements to the City's sewer collection system and Wastewater
Treatment Plant. The City estimates that we have spent nearly $35 million in upgrades to the WWTP
and another $12-15 million in improvements to the City's collection system in the last 10 years.
Please contact me at anytime regarding any further information or questions you might have regarding
this issue. I can be reached at 704-669-6570 or david.hux@citvofshelbv•com.
Sincerely,
David Hux
Director of Water Resources
cc:
Rick Howell; City Manager
Adam Howell; Collection System Crew Supervisor/ORC
Chad Hubbard; Field Operations Superintendent
Certified Mail: 7015 1730 0001 6588 2529
www.cityofshelby.com

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
S. DANIEL SMITH
Director
Certified Mail # 7018 3090 0001 2319 0284
Return Receipt Requested
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151-0207
NORTH CAROLINA
Environmental Quality
September 22, 2021
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0402
Sanitary Sewer Overflows - August 2021
Collection System Permit No. WQCS00037
Shelby Collection System
Cleveland County
Dear Mr. Howell:
A review has been conducted of the self -reported Sanitary Sewer Overflows (SSO's) 5-Day Report/s submitted by
City of Shelby. The Division's Mooresville Regional Office concludes that the City of Shelby violated Permit
Condition I (2) of Permit No. WQCS00037 by failing to effectively manage, maintain, and operate their collection
system so that there is no SSO (Sanitary Sewer Overflow) to the land or surface waters and the SSO constituted
making an outlet to waters of the State for purposes of G.S. 143-215.1(a)(1), for which a permit is required by
G.S. 143-215.1.
The Mooresville Regional Office is providing the City of Shelby an opportunity to provide evidence and justification
as to why the City of Shelby should not be assessed a civil penalty for the violation(s)'that are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202101746 8/11/2021 150 1208 Pamela Dr Pipe Failure (Break) 3,000 3,000 Notice of Violation
Intent to Enforce
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
to G.S. 143-215.6A, a civil penalty of not more than twenty-five thousand dollars ($25,000.00) may be assessed
against any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
Nalh Carotna Otparhrcnl oftnvknnmtnfalQuahty I OWkbn of WalerResa its
4040n7Rct 1610C.e Cemer Aw.e.5404 3011 14744e4s90.Norlh Caro4na 790S
704 6411699

This office requests that you respond to this Notice, in writing, within 10 business days of its
receipt. In your response, you should address the causes of non-compliance, remedial actions, and all other
actions taken to prevent the recurrence of similar situations. The response to this correspondence will be
considered in this process. Enforcement decisions will also be based on volume spilled, volume reaching surface
waters, duration and gravity, impacts to public health, fish kills or recreational area closures. Other factors
considered In determining the amount of the civil penalty are the violator's history of non-compliance, the cost of
rectifying the damage, whether the spill was intentional and whether money was saved by non-compliance.
}
If you have any questions, please gig not hesitate to contact Michael Meilinger or me with the Water Quality Section
in the Mooresville Regional Office at#704-663-1699 or via email at michael.mellinger@a ncdenr.gov or
core y.basin dorC ncdenr.00v,_
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office
Division of Water Resources, NCDEQ
Cc: Mooresville Regional Office - WQS File
Central Files, Water Quality Section
Noun Caroline Department or EnvizonmeniolQuality I Division of WM,Rewwcea
MoorrsvEle Regional DM. 1 610 East Center Avenue.St4e 30i I Moorenink, North Guano 28115
70/6631699

Sanitary Sewer Overflow